Jackson ex dem. Vredenburgh v. Marsh
New York Supreme Court
This was an action of ejectment, brought for the recovery of 56 acres of land, part of lot 79, in the township of Pompey, in the county of Onondaga. The cause came before the court on a case made by consent.
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This was an action of ejectment, brought for the recovery of 56 acres of land, part of lot 79, in the township of Pompey, in the county of Onondaga. The cause came before the court on a case made by consent. On 7th February, 1817, Mary Vredenburgh, as the guardian of an infant, by virtue of an order of the court of chancery, by a quit-claim deed, without covenants, conveyed to Luther Marsh the premises in question, and took back from him a mortgage of the same premises to secure the payment of $460, the consideration money agreed to be paid by the mortgagor in three annual instalments from…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I am at a loss to coniecJ , turc upon what principle this suit can be sustained. As mortgagee, were there no escheat in the case, the plaintiff would undoubtedly recover; but here has been an eviction by a paramount title. That the judgment was by confession cannot operate against the defendant in this case; the lessor had notice, and declined defending. The tenant then in possession was not bound to defend; judgment would of course have been taken by default. The confession did not prejudice the plaintiffs. By the statutes, the proceedings which have been had have…
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